• 해운
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• no.7 s.18
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• pp.43-43
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• 2005

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.7
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• pp.423-450
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• 1994

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.141-142
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• 2006

In relation to the determination of the appropriate choice of law in most of the maritime law issues, 'the law of the flag' or 'the law of the ship's nationality' is commonly used to apply to several provisions which is imposed in Korean Private International Law. But the theory of the law of the flag or ship's nationality suffers from serious problems in case of flag of convenience which is a flag flown by a vessel registered in one state, with which the vessel has few or no connections, while in reality the vessel is owned in or operated from another state. In this case, the article 8 of Korean Private International Law which stipulates the Exception of Choice of Law Clause can be applied to this matter, and thus it is essential to consider many factors which can be used in determining the applicable law through the most significant relationship or genuine link theory.

• Korean Business Review
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• v.6
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• pp.329-382
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• 1993

• Journal of Korea Port Economic Association
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• v.30 no.2
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• pp.1-23
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• 2014

Although 'the International Ship Registration Act' has been enacted in Korea as of 1997, its effect is still in question to make shipowners and operators flag in or reflag because of insufficient incentives for them. Therefore, 'the Special Law for Jeju Free International City' has been established and the system of 'Special Ship Registration Zone' has also been enforced. Despite this, few studies were carried out to measure the relative importance of factors for Jeju International Ship Register yet. Against this backdrop, the purposes of this study are firstly, to investigate a relative importance of Jeju International Ship Registration System using AHP(Analytic Hierarchy Process) and secondly, to compare the characteristics of Flags of Convenience(FOC) with International Ship Register(ISR) which was adopted by several Far East Asia Countries(e.g., China, Hong Kong, Chinese Taipei and Japan). Moreover, this study aims to compare FOC with ISR in terms of shipping policy, ship management, and expenses and tax policy. In this paper, the factors were constructed with four high levels consisting of twenty one low levels to evaluate Jeju International Ship Register by utilizing Expert's brainstorming and AHP. According to the results, it is critical to expand the exemption and tax-related expenses, and also manage foreign-related systems systemically. This study provides important implications to maintain the tonnage tax system for ships effectively as well as to intensify the competitiveness of Jeju International Ship Register System.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.2
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• pp.179-185
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• 2013

UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

• Journal of the Korean Institute of Navigation
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• v.15 no.1
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• pp.95-110
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• 1991

This paper aims to investigated the origins and characteristics of flags of convenience(FOC) with International Ship Register(ISR), which was recently adopted by a few Western Europe countries(for example, Norway, U.K., France) and to compare FOC with ISR in terms of shipping policy, ship management, and expenses, and tax policy.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.97-99
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• 2006

LNG 선박의 급증에 의한 승무원 심각한 부족현상에 대비하여, IMO에서는 STCW의 전면 개정 등의 대응방안을 마련하고 있다. 이러한 국제기구의 대응은 물론 향후 최대 수입국이 될 것으로 예상되는 미국연안에 들어오는 전 LNG 선박의 미국적 선화를 목표로 하는 법안을 승인하는 등 LNG 선박의 안전과 보안으로 인하여 세계 LNG 해운에 있어서의 커다란 변화가 예상된다. 한국해양대학교에서는 이러한 변화의 물결에 발 빠르게 대처하고자 아시아 LNG 교육훈련센터의 설립과 함께 IMO 및 미국의 해양대학들과의 회의를 통하여 대응방안을 검토한 바 있다. 이 발표에서는 LNG 인력양성을 위한 국제적인 동향을 살펴본 후, 이러한 국제적 변화의 물결에 대비하기 위한 방안에 대하여 설명하고자 한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.51-72
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• 2004

Over the past fifty years, the share of the World's shipping fleet operating under open registry has grown from 4 % to almost half of the total tonnage. While there has been strong opposition based on the costs of maritime disasters and opposition both from the traditional maritime nations, which have suffered erosion of their fleets, and from labour unions, which point to worker exploitation, the shipping companies have found the greater operational and financial flexibility which accompanies open registry to be a considerable attraction The paper consists of seven sections. Section 1 explains the background and of the study. Section 2 reviews the characteristics and definition of FOC. Section 3 is to identify ship register categories and their competitive conditions. Section 4 tackles the emerging forces of globalisation-the advent of FOC. Section 5 deals with legal maritime framework. Section 6 tackles the current structure and characteristics of FOC vessels. Some concluding comments follow in the last section.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.6
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• pp.671-676
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• 2014

Based on the data of PSC information management system of MOF(Ministry of oceans and fisheries) and APCIS(Asia-Pacific Computerized Information System) of Tokyo-MOU information system, the result of the evaluation on the reality of PSC was done, and base on 2009, it showed a trend of decrease in every DFR(Deficiency Rate) and DTR(Detention Rate). But for vessels built for more than 30 years, flags of convenience vessels, RO-RO ferry and general cargo vessel, small size vessels with gross tonnage less than 1,000 ton showed a high DFR and DTR. Each harbours is classified by the total harbours' average DFR which was 82.5 % and the average DTR was 5.1 %, excluding the Jeju harbour, showing a hugh deviation for classification of each harbour. Classification of each harbour has to be inspected by PSC and it showed a great unbalance of the number of vessels for each territory for inspection. the biggest problem with our country's PSC, where it was pointed out by the PSCO was lack of workers and independent inspection by just one worker. To strength the substantiality of the inspection of our country is to have concentrated inspection on the high risk cautious vessels, forming a human network each classified by four different sectors of the area, recalculating the amount of assignment of inspection classified by each harbour and securing workforce the PSCO improvements are necessary.